Payment Rates for Work Permit Holders Asked to Work on Rest Days
Ministry of ManpowerSpeakers
Summary
This question concerns whether the Ministry of Manpower tracks payment rates for Work Permit holders working on rest days and the frequency of related complaints, as raised by Ms He Ting Ru. Minister for Manpower Dr Tan See Leng clarified that under the Employment Act 1968, workers are entitled to double their basic salary if the employer requests they work on a rest day. While the Ministry does not track specific work arrangements, the Tripartite Alliance for Dispute Management handled approximately 535 annual claims from 2020 to 2022, resolving 95% through mediation. The Minister noted that investigations into complaints involving an average of 68 workers yearly primarily resulted in educational guidance for employers regarding administrative or financial errors. Sterner enforcement actions were taken for 7% of affected workers where severe breaches of the Act were detected by the Ministry.
Transcript
30 Ms He Ting Ru asked the Minister for Manpower (a) whether the Ministry tracks the number of Work Permit holders who are asked to work on rest days and are paid a (i) double and (ii) single rate of pay respectively; (b) in each of the last three years, how many complaints has the Ministry received about workers being paid a single rate of pay contrary to the requirements of the Employment Act 1968; and (c) how many of such complaints have resulted in enforcement or punitive action.
Dr Tan See Leng: Under Part 4 of the Employment Act, employers must provide one rest day per week and compensate workers who work on their rest days. Rate of pay for work on rest day is one day's basic salary if the request is made by the worker and two days' basic salary if the request is made by the employer. The Ministry of Manpower (MOM) does not track the number and type of such arrangements.
Between 2020 and 2022, the Tripartite Alliance for Dispute Management (TADM) handled about 535 claims from Work Permit holders each year regarding non-payment or short payment of salaries for work done on rest days. Ninety-five percent were resolved through mediation while the rest were referred to the Employment Claims Tribunals.
MOM also investigated complaints on rest day pay, including referrals from TADM, for an average of 68 Work Permit holders each year. As a majority of these employers failed to pay due to administrative oversight, wrong calculations or financial difficulties, MOM took an educational approach towards these employers to increase awareness of their employment obligations and to help them rectify their employment practices. Sterner enforcement actions were taken against employers of about 7% of the affected workers where severe breaches of the Employment Act were detected.